Sentences with phrase «fees provision in»

Continue reading «Section 1717 and Prevailing Parties: Fourth District, Division One, Rules that Civil Code Section 1717's Prevailing Party Standard, Mutuality Principle, and Reasonable Fees Standard Apply to an Attorney's Fees Provision in a Consent Decree»»

But is a Consent Decree entered by the Court the same as a contract, and is a proceeding to enforce a fee provision in a Consent Decree an «action on a contract» triggering recovery of attorney's fees under Civil Code section 1717 rules and standards?

The case also illustrates how vital getting documents into evidence in breach of contract cases and the paramount importance of clear prevailing party fee provisions in written agreements.

Not exact matches

You agree to defend, indemnify and hold harmless NBCUniversal, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these terms, including any of the foregoing provisions, representations or warranties, and / or from your placement or transmission of any content onto NBCUniversal's servers, and / or from any and all use of your account; (b) any material posted or otherwise provided by you (including without limitation User Content), or any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by you in connection with your use of the online services; and (d) any breach of any of the representation, warranties or other terms or conditions relating to use of your User Content or the online services.

Such risks, uncertainties and other factors include, without limitation: (1) the effect of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels of end market demand in construction and in both the commercial and defense segments of the aerospace industry, levels of air travel, financial condition of commercial airlines, the impact of weather conditions and natural disasters and the financial condition of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization of the anticipated benefits of advanced technologies and new products and services; (3) the scope, nature, impact or timing of acquisition and divestiture or restructuring activity, including the pending acquisition of Rockwell Collins, including among other things integration of acquired businesses into United Technologies» existing businesses and realization of synergies and opportunities for growth and innovation; (4) future timing and levels of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope of future repurchases of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level of other investing activities and uses of cash, including in connection with the proposed acquisition of Rockwell; (7) delays and disruption in delivery of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits of organizational changes; (11) the anticipated benefits of diversification and balance of operations across product lines, regions and industries; (12) the outcome of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact of the negotiation of collective bargaining agreements and labor disputes; (15) the effect of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition of conditions that could adversely affect the combined company or the expected benefits of the merger) and to satisfy the other conditions to the closing of the pending acquisition on a timely basis or at all; (18) the occurrence of events that may give rise to a right of one or both of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee of $ 695 million to United Technologies or $ 50 million of expense reimbursement; (19) negative effects of the announcement or the completion of the merger on the market price of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation of their businesses while the merger agreement is in effect; (21) risks relating to the value of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.

The largest increases in the deficit would come from repealing or modifying tax provisions in the ACA that are not directly related to health insurance coverage — such as repealing a surtax on net investment income, repealing annual fees imposed on health insurers, and reducing the income threshold for determining the tax deduction for medical expenses.

The arrangement agreement provides that Shoppers Drug Mart is subject to non-solicitation provisions and provides that the Board of Directors of Shoppers Drug Mart may, under certain circumstances, terminate the agreement in favour of an unsolicited superior proposal, subject to payment of a termination fee of $ 300 million to Loblaw and subject to a right of Loblaw to match the superior proposal in question.

And it was very easy for them to do that without opposition, because in the beginning most of the debts that were owed to the palace itself — both in fees for services the palace provided, or the temple provided (the temple was part of the palace economy), or for land rent by sharecroppers, or for the provision of water and agricultural services to the land.

The Enrollment Program also authorizes a superior court to have jurisdiction over enrollees by allowing it to «appoint a receiver, monitor, conservator, or other designated fiduciary or officer of the court for a defendant or the defendant's assets,» as well as authorizes the Commissioner of Business Oversight to «include in civil actions claims for ancillary relief, including restitution and disgorgement, on behalf of a person injured, as well as attorney's fees and costs, and civil penalties of up to $ 25,000» for up to four years after the purported violation occurred and «refer evidence regarding violations of the bill's provisions to the Attorney General, the Financial Crimes Enforcement Network of the United States Department of the Treasury, or the district attorney of the county in which the violation occurred, who would be authorized, with or without this type of a reference, to institute appropriate proceedings.»

Earlier this year, prior to Delaware's enactment of the fee - shifting bylaw prohibition, Pomerantz was on the vanguard of the fight against fee - shifting provisions in a case of first impression in Strougo v. Hollander.

In that opinion, the first to address fee - shifting provisions following ATP, the Delaware Court of Chancery found that a fee - shifting bylaw was inapplicable to a share - holder plaintiff and the class where the bylaw was adopted after a plaintiff had been forcibly cashed out through a reverse stock split.

A provision, known as the Durbin amendment, in the Dodd - Frank Wall Street Reform and Consumer Protection Act that was signed into law in 2010, requires the Federal Reserve to limit the interchange fees that card networks can charge merchants each time a customer uses a debit card.

«The remaining 96 percent is the routine but essential provision of food, medicine, clothing, school fees and related humanitarian aid to support tens of thousands of at - risk infants, children and youth living in extreme poverty.

Fees and other charges equal as nearly as may be to the cost of the accreditation services rendered under the regulations, including initial accreditation, review of annual reports, and renewal of accreditation, shall be assessed and collected from applicants for initial accreditation and accredited certifying agents submitting annual reports or seeking renewal of accreditation in accordance with the following provisions:

The City Council's final offer on a compromise is language to change the fee to a hard five cent cap, and add a sunset provision (famous in Albany) and first reported by David Giambusso of Politico.

Other issues, including a provision that would apply a fee on ride hail apps like Uber and Lyft in Manhattan in order to fund mass transit has been agreed to as well.

Lawmakers in recent days have agreed to provisions on regulating fantasy sports operations, approving revenue for education and requiring a fee for season - long fantasy sports.

The U.S. DHS has made provision in their 2014 budget proposal for a study on collecting fees from people entering the U.S. via land border crossings, to defray security costs.

The amendments would also reduce the fees for vehicle registration decals and would extend provisions that give SUNY more flexibility in its contracting through 2021.

Any funding model should move away from increasing fees and debt and towards a model of entitlement for students and contributions from graduates in order to ensure that the next generation can also benefit from higher education provision.»

Cuomo's budget also includes provisions to pass the Child Victims Act, and at least $ 1 billion in new fees and taxes — including on opioids, vaping products, and insurance companies that benefit from the federal tax law — to help close a $ 4.4 billion deficit.

818 - A, in relation to the provision of attorney's fees under the New York City Human Rights Law; Intro.

Again, Hon Deputy Speaker and MP for Bekwai, It is true a Constitutional provision can be enforced in court and Occupy Ghana did that as you alluded to, and were given the information and let's not forget they paid GHC 1,000.00 for it, excluding legal fees - filling etc..

When Clegg has taken up whichever international job it is that he's meant to want and Alexander is running some ghastly lobbying firm in London, no one will much remember «Alarm Clock Britain», the pupil premium (much less its origin) or any other measure that excites the true believers for a few days but they will remember their years of under - employment and unemployment, the lies about tuition fees, the first time they saw ads for private provision in the NHS and, first and foremost, that they should never trust the Liberal Democrats again.

Cuomo does need provisions in the budget that will make life harder if he doesn't get them, including money for the New York City Housing Authority as well as some sort of fee plan to generate revenue for mass transit in New York City.

She urged the Town Board to create a provision in the amended law that would guarantee that the recreation fees would be put into a dedicated fund for the expansion of parkland or preservation of valuable open space.

But now the program is ready for a comeback, thanks to a provision in the recently passed massive spending bill for 2005 that not only reinstates the H - 1B fee but raises it to $ 1500.

In addition to the provision of sitting area, the place also offer other services for people who aren't able to prepare their shashlik, etc by themselves at an affordable additional fee.

Personal information will only be passed on to third parties if necessary to provide the service offered (e.g. payment processing for fee - based memberships), and if you have given us your consent or disclosure in accordance with relevant statutory provisions that are required or permitted (e.g. if we have to comply with a request, a governmental investigative or security agency).

Personal information will only be passed on to third parties if necessary to provide the service offered (e.g. payment processing for fee - based memberships), or if you have given us your consent or disclosure is required in accordance with relevant statutory provisions that are required or permitted (e.g. if we have to comply with a request, a governmental investigative or security agency).

Personal data will only be passed on to third parties if necessary to provide the service offered (e.g. payment processing for fee - based memberships), and if you have given us your consent or disclosure in accordance with relevant statutory provisions that are required or permitted (e.g. if we have to comply with a request, a governmental investigative or security agency).

You authorize us to charge you (by means of on the credit card account by which you paid for your initial Membership subscription fee) for your initial Membership Subscription Period and thereafter, periodically and on a recurring basis, to charge the same account, by means of automatic credit card rebilling, at the Normal Rate for your category of Premium Membership then - published on our Upgrade Page with respect to recurring billing after the end of any Initial Membership Subscription Period, even if the Normal Rate has been increased from the current Normal Rate in conformity with the terms of this Agreement, and to do so again on a periodic and recurring basis when each subsequent Membership subscription period ends, until or unless this Agreement has earlier been terminated pursuant to it provisions.

Except as otherwise provided in such additional terms, the provisions of this Section 10 apply to such fee - based Services.

Only 17 per cent of parents approached felt that extension of free nursery provision was a priority, while 28 per cent considered a reduction in university tuition fees from # 9,000 per year to # 6,000 per years as a leading preference.

Washington — The outlook for a bill that would allow parents to collect legal fees in special - education lawsuits has been clouded by provisions added by a Democrat - controlled House panel but opposed by the Administration and House Republicans.

This claim of low - quality private provision for the poor has also been taken up by British prime minister Tony Blair's Commission for Africa, which recently reported that although «Non-state sectors... have historically provided much education in Africa,» many of these private schools «aiming at those [families] who can not afford the fees common in state schools... are without adequate state regulation and are of a low quality.»

Washington — The U.S. Supreme Court last week agreed to review a federal appeals court's nullification of the agency - fee provisions of the contract negotiated in 1982 by the Chicago Board of Education and the city's local chapter of the American Federation of Teachers.

Sen. Stein told Sen. Tillman he'd be all for local public schools sharing the reimbursements the federal government pays to local public schools for indirect costs they incur participating in the federal school lunch program — like facility fees, heating and air conditioning, staff, etc. — if Tillman would offer up a provision to require all charter schools to provide school lunch.

The House budget provision — which also, like the Senate, sets aside $ 300,000 in legal fees for Johnson's office — was included despite suggestions last week from Rep. Horn that the House was reluctant to wade into the legal morass surrounding the state board and Johnson.

These same procedures allow schools to charge fees and fines to students in grades 7 - 12, subject to fee waiver provisions.

In 2014, Justice Alito observed in Harris v. Quinn, that, «Agency - fee provisions unquestionably impose a heavy burden on the First Amendment interests of objecting employees.&raquIn 2014, Justice Alito observed in Harris v. Quinn, that, «Agency - fee provisions unquestionably impose a heavy burden on the First Amendment interests of objecting employees.&raquin Harris v. Quinn, that, «Agency - fee provisions unquestionably impose a heavy burden on the First Amendment interests of objecting employees.»

That would happen thanks to a provision in the bill that would require local school districts to share «fees for actual costs» with charter schools.

The loan servicer will also bill each borrower annually for servicing fees, for the DOT's account, in accordance with the provisions in the credit agreement.

Total Boox may, without notice, and without refunding any fees, disable User's account and User's access to use the App and / or the Services and Total Boox may recover from User any losses, damages, costs or expenses incurred by Total Boox resulting from or arising out of User's non-compliance with any provision of these Terms, improper or fraudulent activity in connection with the Services, or any other acts of the User that may cause legal liability or financial loss to Total Boox, its affiliates and / or users.

comiXology further represents and warrants to Retailer that: (a) comiXology will operate and maintain the Retailer Store in the same manner that comiXology operates any other Branded Stores subject to the fee provisions of Section 4.2; and (b) all services to be rendered by comiXology under this Agreement shall be performed in a professional and workmanlike manner and otherwise in accordance with applicable industry standard professional design and engineering standards in effect at the time of such performance.

Subject to any advance notice requirements imposed by law, we can change this Agreement at any time, regardless of whether you have access to your Account, by adding, deleting, or modifying any provision, including making any appropriate changes in terms by furnishing to you a new or revised Rates and Fees Table.

The entire agreement between us (this «Agreement») is in separate parts, including this document (which incorporates an ARBITRATION provision), your application to us and any accompanying disclosures, any Account opening / closing correspondence, and an initial (and any subsequent and then - current) «Rates and Fees Table.»

Loads of folks make no provision for the $ 600 - $ 900 in legal fees and the $ 300 or so in disbursements we have to pony up to a lawyer even though we know, at least in theory, that we're going to need a lawyer to close on the deal.

Wrap fee programs that offer similar advise to a number of clients must be carefully structured to conform to the safe harbor provisions in Rule 3a - 4 of the Investment Company Act of 1940.

The lender should not be allowed to charge collection fees unless there is a provision like Section L in this agreement.